HomeMy WebLinkAboutContract 62785Vendor Services Agreement Page 1 of 20
VENDOR SERVICES AGREEMENT
_____________________________________________________________________________
This SOLE SOURCE VENDOR SERVICES AGREEMENT (“Agreement”) is made and
entered into by and between the CITY OF FORT WORTH (“City”), a Texas home-rule municipal
corporation, acting by and through its duly authorized Assistant City Manager, and LIFE
TECHNOLOGIES CORPORATION (“Vendor”), a Delaware corporation, acting by and through its duly
authorized representative, each individually referred to as a “party” and collectively referred to as the
“parties.”
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A – Scope of Services which includes the Service Agreement Quote (Services) and Life
Technologies Instrument Services Terms and Conditions
Exhibit A which is attached hereto and incorporated herein, is made a part of this Agreement for all
purposes. In the event of any conflict between the terms and conditions of Exhibit A and the terms and
conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control.
Scope of Services. The Police Forensics Analysis Laboratory (Crime Lab) will purchase
instrument services as needed (“Services”), as set forth in Exhibit “A,” including Vendor’s Instrument
Services Terms and Conditions, attached hereto and incorporated herein for all purposes to the extent
allowable under applicable law. Notwithstanding any language to the contrary, the parties stipulate by
evidence of the execution of this Agreement that the terms of this Vendor Services Agreement shall be
applicable to the Agreement and that in the event of any conflict with Vendor’s Instrument Services
Terms and Conditions the terms of this Vendor Services Agreement shall control.
1.Term. The Initial Term of this Agreement is for one year—unless terminated earlier in
accordance with the terms of this Agreement—beginning on June 25, 2025 (“Effective Date”). City will
have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up
three (3) one-year renewal period(s) (each a “Renewal Term”).
2.Compensation.
2.1 Total compensation under this Agreement will not exceed fifty thousand dollars
($50,000) annually.
2.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
of the Texas Government Code) and the provisions of this Agreement, including the attached
Exhibit “A.”
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2.3 Vendor will not perform any additional services or bill for expenses not specified
by this Agreement unless City requests and approves in writing the additional costs for such
services. City will not be liable for any additional expenses of Vendor not specified by this
Agreement unless City first approves such expenses in writing.
3. Termination.
3.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with at least 30 days’ written notice of termination.
3.2 Non-Appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
3.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the expiration of one year from the Effective Date, City shall pay Supplier for
the greater of 1) services actually rendered and expenses actually and reasonably incurred in
servicing a covered instrument under its underlying instrument services plan (" Service Plan") up
to the effective termination date, or 2) the prorated price of the underlying Service Plan from its
effective date up to the effective date of termination; and Vendor will continue to provide City with
services requested by City and in accordance with this Agreement up to the effective date of
termination. Upon termination of this Agreement for any reason, Vendor will provide City with
copies of all completed or partially completed documents prepared under this Agreement. In the
event Vendor has received access to City Information or data as a requirement to perform services
hereunder, Vendor will return all City-provided data to City in a machine-readable format or other
format deemed acceptable to City.
4. Disclosure of Conflicts and Confidential Information.
4.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
4.2 Confidential Information. Vendor, for itself and its officers, agents, and
employees, agrees that it will treat all information provided to it by City (“City Information”) as
confidential and will not disclose any such information to a third-party without the prior written
approval of City.
4.3 Public Information Act. City is a government entity under the laws of the State of
Texas, and all documents held or maintained for City are subject to disclosure under the Texas
Public Information Act. In the event there is a request for information marked Confidential or
Proprietary by Vendor, City will promptly notify Vendor. It will be the responsibility of Vendor to
submit reasons objecting to disclosure to the Texas Attorney General. A determination on whether
such reasons are sufficient will not be decided by City, but by the Office of the Attorney General
of the State of Texas or by a court of competent jurisdiction.
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5. Right to Audit.Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement or the final conclusion of any audit commenced during
the said three years, have access to and the right to examine at reasonable times any directly
pertinent books, documents, papers, and records, including, but not limited to, all electronic
records of Vendor involving transactions relating to this Agreement at no additional cost
to City. Vendor agrees that City will have access during normal working hours to all
necessary Vendor facilities and will be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this section. City will give
Vendor reasonable advance notice of intended audits.
6.Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this
Agreement and not as an agent, representative, or employee of City. Subject to and in
accordance with the conditions and provisions of this Agreement, Vendor will have the
exclusive right to control the details of its operations and activities and shall be solely
responsible for the acts and omissions of its officers, agents, servants, employees, vendors,
and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not
apply as between City, its officers, agents, servants, and employees, and Vendor and
Vendor’s officers, agents, employees, servants, contractors, and subcontractors. Vendor
further agrees that nothing herein will be construed as the creation of a partnership or joint
enterprise between City and Vendor. It is further understood that City will in no way be
considered a co-employer or a joint employer of Vendor or any of its officers, agents,
servants, employees, contractors, or subcontractors. Neither Vendor nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to
any employment benefits from City. Vendor will be responsible and liable for any and all
payment and reporting of taxes on behalf of itself and any of its officers, agents, servants,
employees, or contractors.
7.Liability and Indemnification.
7.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
DIRECT DAMAGES INCLUDING TANGIBLE PROPERTY DAMAGE AND/OR
PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, ARISING OUT
OF OR IN CONNECTION WITH VENDORS PROVISION OF SERVICES UNDER THIS
AGREEMENT, AND ONLY TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S)
OR NEGLIGENET OMISSION(S), MALFEASANCE, OR INTENTIONAL
MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.,
7.2 VENDOR WILL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR PUNITIVE,
MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
7.3 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS,
REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, FOR TANGILBE PROPERTY DAMAGE AND ANY REULTING
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING
OUT OF OR IN CONNECTION WITH VENDORS PROVISION OF SERVICES UNDER
THIS AGREEMENT, TO THE EXTENT THE CLAIMS ARE CAUSED BY VENDOR’S
EMPLOYEES’ NEGLIGENT ACTS OR NEGLIGENT OMISSIONS, MALFEASANCE,
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OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS, PROVIDED CONTRACTOR IS GIVEN PROMPT NOTICE OF
ANY CLAIM.
7.4 TO THE EXTENT THE AGREEMENT, IN ANY WAY, REQUIRES THE CITY TO
INDEMNIFY OR HOLD VENDOR OR ANY THIRD PARTIES HARMLESS FROM
DAMAGES OF ANY KIND OR CHARACTER, CITY OBJECTS TO THESE TERMS AND
ANY SUCH TERMS ARE HEREBY DELETED FROM THE AGREEMENT AND SHALL
HAVE NO FORCE OR EFFECT.
8. Assignment and Subcontracting.
8.1 Assignment. City or Vendor will not assign or subcontract any of its duties,
obligations, or rights under this Agreement without the prior written consent of the other party. If
City grants consent to an assignment, the assignee will execute a written agreement with City and
Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under
this Agreement. Vendor and assignee will be jointly liable for all obligations of Vendor under this
Agreement prior to the effective date of the assignment.
8.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
9. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior
to commencement of any Services pursuant to this Agreement:
9.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. “Any
vehicle” will be any vehicle owned, hired, and non-owned.
(c) Workers’ Compensation:
Statutory limits according to the Texas Workers’ Compensation Act or any other
state workers’ compensation laws where the Services are being performed
Employers’ liability
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$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):Applicable N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
9.2 General Requirements
(a) The Commercial General Liability and automobile liability policies must
list City as an additional insured thereon, as its interests may appear. The term City
includes its employees, officers, officials, agents, and volunteers with respect to
the contracted services.
(b) The workers’ compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of thirty (30) days’ notice of cancellation or reduction in
limits of coverage must be provided to City. At least ten (30) days’ notice will be
acceptable in the event of cancellation due to non-payment of premium. Notice
must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort
Worth, Texas 76102, with copies to the Fort Worth City Attorney at the address
below.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
10. Compliance with Laws, Ordinances, Rules, and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state, and local laws,
ordinances, rules, and regulations and that any work it performs in connection with this Agreement will
also comply with all applicable federal, state, and local laws, ordinances, rules, and regulations. If City
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notifies Vendor of any violation of such laws, ordinances, rules, or regulations, Vendor must immediately
desist from and correct the violation.
11. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein given, agrees that
in the performance of Vendor’s duties and obligations hereunder, it will not discriminate in the treatment
or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
12. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, or (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail (formerly Energy Way)
Fort Worth, TX 76102
Facsimile: (817) 392-8654
With a copy to Fort Worth City Attorney’s Office
at same address
To VENDOR:
Life Technologies Corporation
Attn: Katie Maggio
Phone: 412-484-8197
5781 Van Allen Way,
Carlsbad, California 92008
With a copy to Service.Sales@thermofisher.com
13. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the other party. Notwithstanding the
foregoing, this provision will not apply to an employee of either party who responds to a general solicitation
or advertisement of employment by either party.
14. Governmental Powers. It is understood and agreed that, by execution of this Agreement
City does not waive or surrender any of its governmental powers or immunities.
15. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor’s respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
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16. Governing Law / Venue.This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas, or the United
States District Court for the Northern District of Texas, Fort Worth Division.
17. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be
affected or impaired.
18. Force Majeure.City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any law, ordinance, or regulation; acts of God; acts of the public enemy; fires;
strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction;
orders of government; material or labor restrictions by any governmental authority; transportation
problems; restraints or prohibitions by any court, board, department, commission, or agency of the United
States or of any state; civil disturbances; other national or regional emergencies; or any other similar cause
not enumerated herein but which is beyond the reasonable control of the Party whose performance is
affected (collectively, “Force Majeure Events”). The performance of any such obligation is suspended
during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party
provides notice of the Force Majeure Event and an explanation as to how it prevents or hinders the Party’s
performance as soon as reasonably possible after the occurrence of the Force Majeure Event, with the
reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this
section must be addressed and delivered in accordance the notice section of this Agreement.
19. Headings Not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
20. Review of Counsel. The parties acknowledge that each party and its counsel have had the
opportunity to review and revise this Agreement and that the normal rule of contract construction to the
effect that any ambiguities are to be resolved against the drafting party will not be employed in the
interpretation of this Agreement.
21. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument executed by
an authorized representative of each party.
22. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns, and successors in interest as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
23. Counterparts. This Agreement may be executed in one or more counterparts, and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will conform to generally
prevailing instrument services industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor’s
option, Vendor will either (a) use commercially reasonable efforts to re-perform the services in a manner
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that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration and Nationality Act. Vendor must verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with written
confirmation for each employee who performs work under this Agreement. Vendor must adhere to all
federal and state laws and establish appropriate procedures and controls so that no services will be
performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES,
OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR’S
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to
Vendor, will have the right to immediately terminate this Agreement for violations of this provision by
Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all completion
reports, created or produced in conjunction with the services provided under this Agreement (collectively,
“Work Product”).
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. This
Agreement, and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Company Name or Ownership. Vendor must notify City’s Purchasing
Manager in writing of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or another authorized official must sign the letter. A letter
indicating changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change, a copy of
the board of directors resolution approving the action, or an executed merger or acquisition agreement.
Failure to provide the specified documentation may adversely impact invoice payments.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel”
and “company” have the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this
Agreement Vendor certifies that Vendor’s signature provides written verification to the City that
Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
30. Prohibition on Boycotting Energy Companies. If Vendor has fewer than 10 employees
or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a
contract for goods or services unless the contract contains a written verification from the Vendor that it: (1)
does not boycott energy companies; and (2) will not boycott energy companies during the term of this
Agreement. The terms “boycott energy company” and “company” have the meanings ascribed to those
terms in Section 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government
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Code is applicable to this Agreement, by signing this Agreement Vendor certifies that Vendor’s
signature provides written verification to the City that Vendor: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries. If
Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not
apply. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, the
City is prohibited from entering into a contract for goods or services unless the contract contains a written
verification from the Vendor that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the
term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm
entity,” and “firearm trade association” have the meanings ascribed to those terms in Section 2274 of the
Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement Vendor certifies that Vendor’s signature provides written
verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, “electronic signature” means electronically scanned and transmitted versions
(e.g. via pdf file, email, or facsimile transmission) of an original signature, or signatures electronically
inserted via software such as Adobe Sign.
33. Linked Terms and Conditions. To the extent this Agreement incorporates a link to terms
and conditions, the linked terms and conditions located at that website link as of the effective date of the
Agreement shall be the linked terms and conditions referred to in the Agreement. To the extent that the
linked terms and conditions conflict with any of the terms of this Vendor Services Agreement, the
provisions in this Vendor Services Agreement shall control. If any changes are made to the linked terms
and conditions after the effective date of this Agreement, such changes are hereby deleted and void. Further,
if Vendor cannot clearly and sufficiently demonstrate the exact terms and conditions as of the effective date
of the Agreement, all of the linked terms and conditions are hereby deleted and void.
34. No Indemnification by City. The parties expressly acknowledge that the City’s ability to
indemnify and hold harmless any party is governed by Article XI, Section 5 of the Texas Constitution and
that any provision which purports to require indemnification by the City is void. Further, nothing in this
Agreement requires the City to incur debt, assess or collect funds, or create a sinking fund.
(signature page follows)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
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CITY OF FORT WORTH:
By: ___________________________
Name: William Johnson
Title: Assistant City Manager
Date: ___________________________
VENDOR:
LIFE TECHNOLOGIES CORPORATION
By: ___________________________
Name: Joseph Tkach
Title: Director, Global Service Sales
Date: ___________________________
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: ______________________________
Name: Robert A. Alldredge, Jr.
Title: Executive Assistant Chief
Attest:
By: ______________________________
Name: Jannette Goodall
Title: City Secretary
Contract Authorization:
M&C: 24-0847
Date M&C Approved: 9/17/2024
Form 1295: N/A
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By: ______________________________
Name: Loraine Coleman
Title: Administrative Services Manager
Approved as to Form and Legality:
By: ______________________________
Name: Amarna Muhammad
Title: Assistant City Attorney
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EXHIBIT A
–SCOPE OF SERVICES
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M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 9/17/2024 REFERENCE **M&C 24-
NO.: 0847
LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Page 1 of 2
Official site of the Ciry of Fort Worth, Texas
F��T� ���i�
35LIFE TECHNOLOGIES
EQUIPMENT MAINTENANCE
AND SUPPLIES
NO
SUBJECT: (ALL) Authorize Execution of a Sole Source Vendor Services Agreement with Life
Technologies Corporation to Provide Thermo Fisher Scientific Consumables, Laboratory
Supplies, Replacement Parts, and Equipment Maintenance in an Annual Amount Up to
$250,000.00 with Four One-Year Renewal Options for the Police Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of a sole source vendor services
agreement with Life Technologies Corporation to provide Thermo Fisher Scientific consumables,
laboratory supplies, replacement parts, and equipment maintenance in an annual amount up to
$250,000.00 with four one-year renewal options for the Police Department.
DISCUSSION:
This Mayor and Council Communication (M&C) is to request authorization to execute a sole source
vendor services agreement with Life Technologies Corporation to purchase Thermo Fisher Scientific
consumables, laboratory supplies, replacement parts and maintenance for existing Thermo Fisher
Scientific instruments used by the Police Department Crime Lab.
In 2011 when the Police Department Biology Unit was established, Life Technologies equipment and
supplies were selected, tested, evaluated, and validated. Once equipment, supplies, and test kits
have been validated, changing to different equipment, supplies, or test kits would require extensive
and time-consuming validation as well as expensive equipment replacement.
Life Technologies supports multiple deoxyribonucleic acid (DNA) platforms for the Crime Lab with
preventative maintenance service agreements in addition to all the consumables specific to the
instrument and method validations that are approved by American National Standards Institute (ANSI)
National Accreditation Board (ANAB) and Federal Bureau of Investigation (FBI) Quality Assurance
Standards. These products and services are used to support the Crime Lab in its DNA and other
forensic evidence collection and testing efforts. Life Technologies is the documented sole distributor
of validated system consumables including capillaries, cartridges, chips, polymer, buffers, size
standards, and replacement parts.
Equipment owned by the Crime Lab includes two Thermo Fisher Scientific Automate Express
instruments for DNA extraction, one Real Time Polymerase Chain Reaction (PCR) instrument for DNA
sequence amplification, and one Genetic Analyzer. Only Thermo Fisher Scientific certified field
service engineers are authorized to work on these instruments; no third-party service provider is
authorized to perform any maintenance or repair Thermo Fisher Scientific equipment.
Preventative maintenance for Crime Lab's existing Thermo Fisher equipment has been processed
through June 28, 2025 in the amount of $39,440.88. Costs for equipment maintenance through June
28, 2029 are listed below.
Equipment maintenance term Annual Amount
6/29/2025 through 6/28/2026 $39,440.88
6/29/2026 through 6/28/2027 $41,412.93
http://apps.cfwnet.org/council�acket/mc review.asp?ID=32553&councildate=9/17/2024 9/20/2024
M&C Review
Page 2 of 2
6/29/2027 through 6/28/2028 $43,384.98
6/29/2028 through 6/28/2029 $45,357.00
The purchase of consumables used in Crime Lab forensic analysis is projected to be $200,000.00
annually.
Funding will be budgeted in Operating Supplies and Other Contractual Services accounts within the
Crime Control and Prev Distr Operating Fund for Fiscal Year 2025.
DVIN-BE: The Police Department was approved for a Chapter 252 Exemption by the City Attorney's
Office for the purchase of Life Technologies consumables and equipment preventative maintenance.
Therefore, the business equity goal is not applicable.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
AGREEMENT TERM: Upon City Council's approval, the term of the Agreement for the will become
effective upon City Secretary Contract execution and expire twelve (12) months following.
RENEWAL OPTIONS: The Agreement may be renewed for up to four (4) one-year renewal terms, at
the City's option. This action does not require specific City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal period.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation and adoption of the Fiscal
Year 2025 Budget by the City Council, funds will be available in the Fiscal Year 2025 operating
budget, as appropriated, in the Crime Control & Prev Dist Fund to support the approval of the above
recommendation. Prior to any expenditure being incurred, the Police Department has the
responsibility to validate the availability of funds.
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year IChartfield 21
FROM
LFund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for Citv Manager's Office by:
Oriqinatinq Department Head:
Additional Information Contact:
William Johnson (5806)
Neil Noakes (4212)
Robert A Alldredge (4131)
ATTACHMENTS
Approved Chapter 252 Life Technoloqies 7-22-2024.pdf (Public)
Approved Request for Waiver 8-15.pdf (CFw Internal)
FID Table Life Technoloqies.XLSX (CFW Internal)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=32553&councildate=9/17/2024 9/20/2024